Terms of use of the rankcusp mobile app

1. Preamble

These general terms of use (hereinafter the "General Terms") govern the relationship between any person using the service offered through a mobile application under the name "rankcusp" (hereinafter the "Solution") - hereinafter the "User" - and the company operating the Solution (hereinafter the "Company"); the Solution is defined in particular in Article 2 below. The Company's trade register and capital details are available on request. These terms were updated on 11 June 2021.

Article 1. Acceptance of the General Terms

1.1 By ticking the box "I accept the general terms of the Service", the User declares having read all of the provisions below and expressly accepts these General Terms without reservation. These General Terms form a contract between the User and the Company. 1.2. By using the Solution, the User agrees to comply without reservation with the General Terms in force. The User is therefore advised to consult the most recent version of the General Terms before using the Solution, by clicking the "General Terms" link within the Solution. 1.3. The Company reserves the right to amend these General Terms at any time. Where significant changes are made, they are notified to the User through a window opened in the mobile application. The User may in that case terminate the General Terms under Article 9.3.1 below. Using the Service after the date of the change means the User accepts it. 1.4. A User who refuses to comply with all or part of the obligations and conditions set out in these General Terms must not use the Solution.

Article 2. General presentation

2.1. The Company operates the Solution, which lets the User measure their keyword ranks on the App Store, see the opportunities stuck in the 11-30 cusp band and improve their metadata fields. 2.2. To use the Solution, the User must have a device with internet access and create a personal account (hereinafter the "Account") under the conditions set out in Article 3. Access to the Solution is provided on the terms described in these General Terms. Costs billed by access providers or telephone operators in connection with connecting to and using the Solution are borne by the User alone.

Article 3. Creating an Account

3.1 Mandatory registration as a precondition of access to the Solution 3.1.1. The User must be a natural person aged 18 or over and must have accepted these General Terms without reservation. 3.1.2. To use the Solution, the User must create an account on the Application. A User whose account has been deleted for breach of these General Terms is prohibited from creating a new Account. The Company reserves the right to delete any Account created in breach of that prohibition or, more generally, of these General Terms. 3.2. User Account credentials 3.2.1. Where the User has chosen to register by entering a username and password, those details give access to the Solution and must remain confidential. 3.2.2. The User is solely responsible for any use of their username and password and/or of the third-party social network account used to register with the Solution; the User is the sole guarantor of their confidentiality and of any use of the Account. The User undertakes to inform the Company immediately, using the contact form in the Solution, of any unauthorised use or risk of use of their Account and of any breach of the confidentiality and security of their credentials. 3.2.3. Where the Company has good reason to believe that the security of the Solution has been compromised or that it is being misused through unauthorised use of the User's credentials, it may temporarily suspend the Account in order to preserve the integrity of the Solution and of the data, and may require those credentials to be changed. Where the User's credentials have passed to a third party through the User's fault or act, the User alone is responsible for any use of those credentials and for the resulting use of the Solution. The Company cannot be held liable for any damage arising from the User's failure to meet the obligations set out in this article.

Article 4. Description of the Service

By connecting their App Store app, the Application lets the User see which keywords they rank for in the 11-30 cusp band. The Application also mines keywords out of competitor app reviews, tracks ranks daily and audits the title, subtitle and the 100-character keyword field. Finally, the Application prioritises opportunities by country for the User and brings measurements from Apple's sources together in one panel.

Article 5. Contact

For any question or request for information, Users may contact the Company by emailing oguzhancart1@gmail.com or by post to the address given at the top of these General Terms.

Article 6. Intellectual property

The Solution, the trademarks, logos and other distinctive signs belonging to the Company, all the software used to provide the Solution and the content of the Solution (any text, video, photograph or information of whatever form or nature appearing in the Solution) (hereinafter the "Elements") belong exclusively to the Company and/or to third parties, and may be protected by copyright, trademark law, patent law or other intellectual property rights. These General Terms transfer no ownership or intellectual property right in those Elements to the User. In particular, all data relating to the building of the keyword pool, to rank measurement and to review analysis (scores, methodologies and so on) remains the property of the Company. It is therefore prohibited, without the express permission of the Company or of the rights holder, to copy, modify, reproduce, distribute, publish, integrate into any medium, adapt, transfer or assign, license, sub-license, pledge, communicate by any other means, or to reverse-engineer the elements of the Solution or use any other method to try to access its source code and/or protocols.

Article 7. Processing of personal data and rights

Using the Solution provided by the Company entails the processing of personal data relating to the User by the Company. The essential characteristics of that processing and the rights Users have over it are set out in detail in the Privacy Policy.

Article 8. Liability

8.1. Given the technical computing and telecommunications constraints inherent in using the Solution, the Company cannot be held liable for damage caused by a fault at one or more stages of access to the Solution; this may arise in particular, but not exclusively, from disruptions inherent in the use of the internet, from an interruption of service, from unauthorised outside access, from the presence of computer viruses or from any malfunction. Where the Company has good reason to believe that the security of the Solution has been compromised or that misuse of the Solution stems from unauthorised use of the User's credentials, it may temporarily disable the User Account in order to preserve the integrity of the Solution and of the data in the User Account. The User undertakes to cooperate with the Company and in particular to change their username, email address and/or password directly through the Solution. 8.2. The User expressly warrants that they are authorised to use the Solution. They undertake to use the Solution for its intended purpose and to commit no unlawful, wrongful, bad-faith or fraudulent act of any kind. 8.3. The Company cannot be held liable where its failure to perform, or improper performance of, its obligations stems from the User's conduct, from the unforeseeable and unavoidable act of a third party not party to the contract, or from force majeure. Nor can the Company be held liable for indirect damage, loss of business, loss of profit, or any damage or cost arising from these Terms.

Article 9. Term of the contract - Termination

9.1. Term of the contract These General Terms and Conditions are entered into for an indefinite term from the date they are first accepted by the User under the conditions described in the relevant article. 9.2. Termination of the relationship by the Company 9.2.1. Where the User fails to comply with these General Terms, the Company may immediately suspend access to the Solution. In that case the Company notifies the User of the suspension by email and formally requires them to put an end to the breach. Where a period of eight (8) days from the date of that notice passes without effect, the Company may terminate the contractual relationship automatically without further formality, reserving its rights to compensation for the resulting loss. Where the User seriously breaches their obligations, in particular those set out in Article 8.3, that termination may take place without notice. 9.2.2. More generally, the Company may disable any User's Account and terminate their contract by electronic notice, subject to one (1) month's notice.

9.3. Termination of the relationship by the User 9.3.1. The User may terminate these General Terms and Conditions at any time by following the process provided for that purpose in the Solution and, more specifically, by clicking the "Delete user account" button on the Profile page. 9.3.2. In the event of the User's death, the Account is disabled upon production of the relevant documents. The content of the Account may be transferred to the beneficiaries only by court order or where the User, during their lifetime, gave the Company instructions to that effect in accordance with the Privacy Policy.

Article 10. Force majeure

10.1. Where an event of force majeure occurs, performance of the obligations of the party to these General Terms and Conditions affected by that event is suspended for the duration of the event, from the date the notice sent by registered letter with acknowledgement of receipt is received. Force majeure means the cases defined in the applicable legislation and in settled case law. 10.2. The party relying on force majeure must inform the other party by email as soon as possible, explaining in detail the force majeure event relied on and assessing its duration. 10.3. Where an event of force majeure notified under Article 10.2 above lasts more than thirty (30) days, either party may terminate these General Terms and Conditions automatically at any time by written notice to the other party. 10.4. In that case these General Terms end automatically between the parties concerned, without notice and without any compensation.

Article 11. Disputes

11.1. The General Terms are governed by Turkish law, without prejudice to the applicable conflict-of-law rules. 11.2. Under consumer protection legislation, where a dispute arises between the User and the Company, the User is offered free recourse to mediation with a view to reaching an amicable settlement. The User is asked to contact the Company to submit their request and to obtain information on the exact conditions of that recourse. 11.3. Where the mediation referred to in Article 11.2 fails or is refused, the courts of the Republic of Türkiye have exclusive jurisdiction over any legal action.